Calendar:
Monday, December 13
12:00 pm - Agenda Briefing, Room 280
3:00 pm - Transportation Committee Meeting, Room 280. AGENDA: FY 2006-2007 Focus Area Plan Report; Preparing the Transportation Action Plan - Session 6; City Pavement Standards and Delayed Acceptance of Subdivision Streets
5:00 pm - Council Manager Dinner Briefing, Room 267
7:00 pm - Council Business Meeting, Room 267
Tuesday, December 14
12:00 pm - Mayor's Task Force on Cultural Facilities Meeting, CH-14. AGENDA: Presentation of Chairman's Report; Discussion of Recommendations
Wednesday, December 15
5:30 pm - MTC Meeting, Room 267
Thursday, December 16
2:00 pm - Topping Out Of New Arena
Agenda Notes:
Dinner Briefing Item #2: Animal Control Issues
Staff Resource: Tammy Williams, 704-336-7552
At the December 13 meeting, Council will be asked to approve several changes to the animal control ordinance. The changes are the result of staff's review of the ordinance in light of a fatal dog bite in April 2004 as well as ongoing discussions with the Community Safety Committee regarding dangerous dogs.
The ordinance changes would require an owner to obtain a permit if keeping three cats or dogs outside for most of the time; the ordinance currently requires a permit for four or more animals kept outside. Lowering the number to three will allow Animal Control to be more proactive in working with pet owners to address any potential problems, particularly related to pack behavior. Another proposed amendment will assess a penalty if animal related citations are not paid within 30 days. Council will also be asked to approve an amendment that will give Animal Control the authority to require that a dog be spayed/neutered prior to being returned to the owner. This provision will be used when Animal Control believes that an animal's aggressiveness could be lessened by spay/neuter.
In dealing with the issue of dangerous dogs, Animal Control staff feel that a more efficient licensing procedure would allow them to have increased knowledge of the number and location of potentially dangerous dogs. To that end, Animal Control is seeking to outsource the licensing process to PetData. This company handles animal licensing in a number of other cities including Atlanta, Dallas, Houston, and Kansas City. Staff has surveyed cities that use this company and has found that they have been successful in increasing animal licensing by 20 to 40%. Their success is attributed to effective use of the rabies vaccination data gathered from veterinarians and their rapid turnaround time in entering the data into their computer system and sending the licensing notice to the pet owner.
Outsourcing the animal licensing program will increase the effectiveness and efficiency of the program, result in a higher licensing rate, and save the city over $100,000 per year. Council will be asked to approve the contract with PetData on December 13, (Item #26).
In addition to items which require Council action, the Community Safety Committee had also expressed an interest in increasing the adoption of older animals. Staff believes that one of the most effective ways to do that would be to reduce the adoption fees for older animals. Animal Control is asking the City Manager to lower the adoption fee on adult dogs and cats from $30.00 to $20.00 and to increase the adoption fee on puppies and kittens from $25.00 to $50.00. Research indicates that other animal control departments throughout the country have used the lower fees to make adoption of older animals a more attractive option. The City Manager will be approving these new fees as recommended by Animal Control.
Agenda Item #10: Multi-Family Garbage Collection
Staff Resource: Curt Walton, 704-336-5019
On Council's agenda for Monday night is a recommendation from the Restructuring Government Committee regarding Multi-Family Garbage Collection (Agenda Item #10). At the request of the Council member Mitchell, who chairs that Committee, that item has been removed from Monday night's agenda. Council member Mitchell recommends that the Committee spend additional time discussing the issue, particularly the legal aspects that impact how this service may be delivered. This topic will go back to the Restructuring Government Committee for discussion at its January 20, 2005 meeting.
Agenda Item #13A: Additional Item - Appointment to the Airport Advisory Committee
Staff Resource: Brenda Freeze, 704-336-4516
Terms began on October 31, 2004 for two positions on the Airport Advisory Committee that were to be recommended by the Charlotte Regional Partnership. The terms are for 2 years and the appointees must live outside Mecklenburg County. The Partnership recommended one person to Council and that appointment was made on October 11.
The Charlotte Regional Partnership would like to recommend John David Day for the other position. If Council waits until January 10 to approve this appointment, the recommended appointee will have missed the November, December and January meetings of the Airport Advisory Committee.
The agenda item, a letter from the Charlotte Regional Partnership, and the application for John David Day are attached.
Agenda Item #47A: Additional Item - South Corridor Project Vehicle Maintenance Facility Contract Award
Staff Resource: Ron Tober, 704-336-7245
An agenda item has been added to your agenda Monday night (Item 47A) to approve the construction contract for the Light Rail Vehicle Maintenance Facility in the South Corridor Light Rail Project subject to the receipt of a Letter of No Prejudice from the Federal Transit Administration. Bids for this contract were opened in October and it was the first construction contract bid which experienced severe cost increases due to steel and other construction material price increases and other factors. Staff has completed negotiations with the two bidders on this contract and has been able to reduce the contract price with the low bidder (Edifice Inc.) by $2.44 million thru the elimination of non-essential facility elements and value engineering of the facility under current market conditions for steel and other materials.
Staff is seeking approval of this construction contract at this time because completion of the facility is on the critical schedule path for the South Corridor Project and because the construction bid is now nearly two months old. Waiting to award this contract could result in new price increases from subcontractors involved in the construction.
The following is an analysis of the contract award amount that Council will be asked to approve:
Edifice Inc. low bid $ 29.49 million Adjust out:
Sales tax included ( 0.94)
Contingency allowance ( 0.75)
Subtotal $ 27.80 million
Negotiated Cost Reductions ( 2.44)
Project Budget Subtotal $ 25.38 million (vs $21.46 m budgeted)
Add:
Construction Contingency 1.00
Sales tax 0.67
Contract Award Amount $ 27.05 million
As shown above, the base cost of the facility after negotiated price reductions is $3.92 million over the budget for this contract package within the overall South Corridor Project Budget. This amount is being addressed in the current review of the Project Budget and schedule being performed by CATS staff and the FTA. This review should be completed by next Wednesday December 15. For the Council's action to award this contract to Edifice, Inc. at Monday's meeting, the $3.92 million overage is covered by the $11.20 million unallocated contingency included within the current $398.70 million budget for the South Corridor Project established at the 65% design level last February. Attached is the agenda item and related material.
Agenda Item #48 U and V: South Corridor Light Rail Project, Condemnation - Rea Investment Partners Fee Simple, Utiliity and Temporary Construction Easements
Staff Resource: Diane Johnson, 704-336-2854
On December 13, 2004, City Council will be requested to authorize condemnation for fee simple, utility and temporary construction easement acquisitions at 9030 Crump Road, 8916 South Boulevard, 901 Crafters Lane and 8971 Crump Road, which are four contiguous properties all owned by Rea Investment Partners. The properties are vacant and improved with retail and warehouse space. These easements are being acquired in connection with the South Corridor Light Rail Project ("Light Rail Project").
City staff has met with representatives of Rea Investment Partners on several occasions to discuss the impact of the Light Rail Project on their property and the necessary property acquisition. The owners requested that staff change the current design for realigning Crump Road by changing the driveway entrance from existing Crump Road onto an adjoining property belonging to Norris Family Limited Partnership. The Norris Family LP property is improved with retail and warehouse space. Staff is also negotiating with the Norris Family LP to acquire necessary fee and easements. The Norris Family LP is satisfied with the existing design plans.
City staff has studied other configuration options as presented by Rea Investment Partners for the driveway and realignment of Crump Road and staff has determined that the suggested changes are not economically feasible and would negatively impact the adjoining Norris property.
City staff hopes to reach a mutually acceptable resolution. However, in order to assure the timely completion of the necessary acquisitions for the utility relocation and roadbed, bridges and track work construction, it is necessary to request authorization for condemnation at this time.
Closed Session - Cancelled
Staff Resource: MacMcCarley, 704-336-4112
There is no longer a need for a Closed Session on Monday night's agenda.
Information Items:
Neighborhood Quality of Life Issues - Referral to Council Committees
Staff Resource: Pam Syfert, 704-336-3185
On November 8, 2004 I provided Council a status report on the neighborhood quality of life issues raised in August by various neighborhood leaders. The report provided information on how staff is moving forward to address operational issues and identified the policy issues that would be referred to a Council Committee. The key issues the neighborhood leaders identified included code enforcement, zoning enforcement, ordinance amendments and communication.
As a follow up, I am suggesting dividing the policy issues between neighborhood issues and planning issues. This would allow the items to be reviewed by two Council Committees - Housing and Neighborhood Development Committee and Economic Development and Planning Committee. The issues would be divided as follows:
- Neighborhood issues - code enforcement, no parking on the front lawn and the transfer of zoning responsibilities from the County. The Housing and Neighborhood Development Committee started its review of code enforcement, as an earlier Council referral, at their meeting on December 8, 2004. I suggest that no parking on front lawns and transfer of Zoning responsibilities, also be referred to this Committee.
- Planning issues - types of use permitted in residential neighborhoods, definition of mobile home, neighborhood standards relating to housing types and the number of rental units allowed in neighborhoods. I am suggesting that these issues be referred to the Economic Development and Planning Committee for discussion and recommendation.
This is the direction that staff is taking to address the neighborhood leaders' quality of life issues. We will continue to provide Council and the community periodic updates on resolutions to these issues.
Police Department Accreditation
Staff Resource: Darrel Stephens, 704-336-2360
The Charlotte-Mecklenburg Police Department has been working for approximately 18 months to achieve accreditation from CALEA (Commission on Accreditation for Law Enforcement Agencies). The accreditation program requires police agencies to comply with state of the art standards in four basic areas: policy and procedures, administration, operations, and support services.
The department has to comply with 386 applicable standards in order to achieve accredited status. The accreditation process has afforded the department the opportunity to complete an intensive and thorough analysis of every aspect of its operation, management and policies to ensure that the citizens of Charlotte are receiving effective and professional police services.
The on-site assessment phase of the accreditation process will begin on December 11. A team of assessors will review the files of written materials, interview a number of police personnel and visit various police units to observe compliance to the CALEA standards. The assessment team is composed of law enforcement practitioners from out of state agencies with similarities to CMPD.
As a part of the assessment process, the assessment team will hold a public information session on Tuesday, December 14 at 7:00 pm in Room 267 of the Government Center. Members of the community and CMPD employees can attend the session to offer comments on the agency's ability to comply with CALEA standards.
Once the assessment team completes its review of CMPD, they will report back to the full Commission which will then decide if CMPD is to be granted accredited status. Accreditation is for three years, during which the department must submit annual reports attesting to its continued compliance with those standards under which it was initially accredited. We will keep Council apprised of the outcome of the accreditation process.
Staff Resource: Darrel Stephens, 704-336-2360
At yesterday's Council retreat, Chief Stephens had the opportunity to begin a dialogue with the Mayor and Council on the future of community policing. Chief Stephens has recently written a chapter on that topic for a book entitled Community Policing: the Past, Present and Future which is being published by the Police Executive Research Forum and the Annie Casey Foundation.
The material is relevant to the discussions the Chief will have with the Council throughout the upcoming budget process and the development of the department's strategic plan.
A copy of Chief Stephens' chapter "The Challenges to the Future of Community Policing" is attached.
Eastover Woods Floodlands Development Permit Litigation
Staff Resource: Bob Hagemann, 704-336-2651
The Zoning Board of Adjustment and Mecklenburg County Superior Court Judge Richard Boner both recently upheld staff action with regard to a Floodlands Development Permit for the Eastover Woods development, a four-lot subdivision off of Twiford Place in Eastover. John and Cynthia Woodlief, the owners of property adjacent to the project, had sued to overturn the permit. Enclosed is a memo from Senior Assistant City Attorney Bob Hagemann that explains this matter in more detail.
Sealand's Lawsuit Against City for $663,000 Dismissed
Staff Resource: Judith A. Starrett, 704-336-5801
Mecklenburg County Superior Court Judge Robert Bell has ruled in favor of the City and dismissed the lawsuit filed by Sealand Contractors Corp. after finding that the contract between the City and Sealand for the Prosperity Church Road Widening Project was not ambiguous. Sealand sued the City in June of this year seeking $663,000 in addition to the $4,596,125.97 it has already been paid based on an argument that language in the bid documents entitled Sealand to $1,500 for each of the 442 days it actually worked on the project. The Court rejected Sealand's argument and granted the City's Motion for Summary Judgment.
For the Prosperity Church Road Project, the City used what is referred to in the industry as an "A+B" formula that enabled us to determine the lowest bidder by comparing each contractors base contract amount together with the number of days they said it would take them to complete the project. A dollar amount of $1,500 was assigned to each day in order to compare the bids, but the Instructions to Bidders and the Invitation to Bid expressly stated that the dollar amount would be used solely for purposes of determining the lowest bidder. Sealand was awarded the contract based upon the outcome of this combination bid formula.
Another lawsuit by Sealand against the City is pending in Mecklenburg County Superior Court based upon the same contract language. This second lawsuit relates to the Central Avenue Project and Sealand is seeking $330,000 in additional compensation. We have filed a Motion for
Summary Judgment in that case, and it will be argued after the first of the year if Sealand does not voluntarily dismiss its case. Either way, we expect to report a favorable outcome on that matter to you in the near future and confirm that we have successfully dispensed with these claims totally close to $1 Million Dollars.
